Power of High Court to confirm sentence or annul conviction, Confirmation or new sentence to be signed by two Judges, Procedure in case of difference of opinion and Procedure in cases submitted to High Court for confirmation are defined under Section 368, 369, 370 and 371 of CRPC 1973. Provisions under these sections are:
Section 368 of CRPC "Power of High Court to confirm sentence or annul conviction"
In any case submitted under Section 366, the High
(a) may confirm the sentence, or pass any other sentence warranted by law, or
(b) may annul the conviction and convict the accused of
any offence of which the Court of Session might have
convicted him, or order a new trial on the same or an
amended charge, or
(c) may acquit the accused person :
Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.
Section 369 of CRPC "Confirmation or new sentence to be signed by two Judges"
In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed and signed by at least two of them.
Section 370 of CRPC "Procedure in case of difference of opinion"
Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by Section 392
Section 371 of CRPC "Procedure in cases submitted to High Court for confirmation"
In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order, the seal of the High Court and attested with his official signature, to the Court of Session.
What is Special reasons to be recorded in certain cases Court not to alter judgment, Copy of judgment to be given to the accused and other persons. Section 361, 362 and 363 of Code of Criminal Procedure 1973
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
Sentence of death to be submitted by Court of Session for confirmation. What is Power to direct further inquiry to be made or additional evidence to be taken Section 366 and 367 of Code of Criminal Procedure 1973
What is the Power of High Court to confirm sentence or annul conviction, What is Confirmation or new sentence to be signed by two Judges, What is Procedure in case of difference of opinion What is Procedure in cases submitted to High Court for confirmation Section 368, 369, 370 and 371 of Code of Criminal Procedure 1973